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A man who failed to confirm a young woman’s consent to sexual activity has been sentenced to 56 days in jail and 16 months of house arrest.

Winston Barnes, 46, of Sarnia, had previously pled guilty in Sarnia court to the 2011 sexual assault, but sentencing had been delayed until Thursday.

After the pair had sex the police were contacted and the woman, approximately 25 years younger than Barnes, said she had not consented.

The woman’s mental state made her particularly vulnerable and while she appeared to be cooperating she did not consent to the sexual activity and Barnes did not take steps to obtain her consent, said Justice Deborah Austin.

In court, Barnes apologized to the woman’s family for his actions.

In a pre-sentence report the woman and her father stated they did not feel it was necessary to put Barnes in jail and the need for a deterrent could be met with lengthy house arrest, said defence lawyer Noelle Wright.

Since the offence Barnes has been confined to a wheelchair due to the amputation of one leg.

Barnes’ criminal record includes harassment of a woman by taping sexually graphic letters to her vehicle and mischief related to a bizarre attempt to promote a relationship with a married woman by telling police she was plotting to kill her husband.

Since those offences in 1999 and 2007 there has been a gap in his criminal record as he worked to end his criminal activity, said Wright.

“This is the last time I plan on being here (court),” said Barnes.

Barnes has already served the 56 days in pre-sentence custody and during the house arrest he must stay away from the woman and take counselling.

The house arrest will be followed by 18 months probation when he must continue to stay away from the woman and take counselling.

Barnes will be on the sexual offender registry for 10 years and must give police a DNA sample. A 10-year weapons ban was also imposed.